1891ss10 OIRA Comments - EPA response 20 December 2019

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal), EPA ICR Number 1891.10, OMB Control Number 2060-0428.

1(b) Short Characterization/Abstract

The National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Publicly Owned Treatment Works (POTW) (40 CFR Part 63, Subpart VVV) were proposed on December 1, 1998; promulgated on October 26, 1999; and amended on both December 22, 2008, and October 26, 2017 (82 FR 49513).¹ These regulations apply to both existing and new Group 2 POTW located at a major source of hazardous air pollutants (HAP), or to Group 1 POTW that are either area or major sources. Group 1 POTWs are facilities that accept wastewater regulated by another NESHAP and provide treatment “as an agent” for the industrial user. Group 1 POTWs are subject to the monitoring, recordkeeping, and reporting requirements of the other regulating NESHAP but have no additional monitoring, recordkeeping, or reporting requirements under Subpart VVV. Group 2 POTWs are POTWs that do not meet the definition of a Group 1 POTW and must meet the criteria for a pretreatment program under 40 CFR 403.8. New facilities include those that either commenced construction or re-construction after the date of proposal.² This information is being collected to assure compliance with 40 CFR Part 63, Subpart VVV.

In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NESHAP.

Any owner/operator subject to the provisions of this part shall maintain a file containing these documents and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. If there is no such delegated authority, the reports are sent directly to the U.S. Environmental Protection Agency (EPA) regional offices.

The “Affected Public” includes owners and operators of POTW. The ‘burden’ to the Affected Public may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal). All of the facilities are owned and operated by either state, or local, or tribal governments. The ‘burden’ to the “Federal Government” is attributed entirely to work performed by either Federal employees or government contractors and may be found at the end of this document in Table 2: Average Annual EPA Burden and Cost – NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal).

Over the next three years, approximately 12 existing respondents per year will be subject to these standards and one new additional respondent will become subject to these same standards. The existing respondents are existing Group 2 POTWs, while the new respondent is an existing Group 2 POTW that has recently reconstructed. The estimate is based on EPA’s recent re-evaluation of the source category inventory associated with the Risk and Technology Review and the October 26, 2017 amendments to 40 CFR part 63, subpart VVV (82 FR 49513).

The Office of Management and Budget (OMB) approved the currently active ICR without any Terms of Clearance.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

EPA is charged under CAA Section 112, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants (HAP). These standards are applicable to new or existing sources of HAP and shall require the maximum degree of emission reduction. In addition, CAA Section 114(a) states that the Administrator may require any owner/operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, HAP emissions from POTW either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR Part 63, Subpart VVV.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in these standards ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standards. During the performance test, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance.

The notifications required in these standards are used to inform either the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that these standards are being met. The performance test may also be observed.

The required annual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures, and for compliance determinations.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR Part 63, Subpart VVV.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, duplication does not exist.

3(b) Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (83 FR 24785) on May 30, 2018. No comments were received on the burden published in the Federal Register.

3(c) Consultations

The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the Integrated Compliance Information System (ICIS). ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The growth rate for the industry is based on our consultations with the Agency’s internal industry experts. Approximately 12 existing respondents will be subject to these standards over the three-year period covered by this ICR, and there will be one new respondent subject to these same standards.³

Industry trade associations and other interested parties were provided with an opportunity to comment on the burden associated with these standards when they were being developed and further amended, and these same standards have been reviewed previously to determine the minimum information needed for compliance purposes. In developing this ICR renewal, we contacted the National Association of Clean Water Agencies, at (202) 833-9106, and the Southern California Alliance of Publicly Owned Treatment Works, at (760) 479-4880.

It is our policy to respond after a thorough review of comments received since the last ICR renewal, as well as for those submitted in response to the first Federal Register notice. In this case, no comments were received.

3(d) Effects of Less-Frequent Collection

Less-frequent information collection would decrease the margin of assurance that facilities are continuing to meet these standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

These standards require the respondents to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to these standards. EPA believes that the five-year records retention requirement is consistent with the Part 70 permit program and the five-year statute of limitations on which the permit program is based. The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action. EPA has found that the most flagrant violators have violations extending beyond five years. In addition, EPA would be prevented from pursuing the violators due to either the destruction or nonexistence of essential records.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in these standards do not include sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are owners and operators of POTW. The North American Industry Classification System code for the respondents affected by the standard is 221320 (Sewage Treatment Facilities), which corresponds to the United States Standard Industrial Classification code 4952 (Sewerage Systems).

4(b) Information Requested

(i) Data Items

In this ICR, all the data that are recorded or reported is required by the NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV).

A source must make the following notifications:

Notifications
Initial notification	§§ 63.9(b), 63.1591(a) and (b)
Request for extension of compliance; notification of delay of repair	§§ 63.9(c), 63.1590(d)
Notification of special compliance requirements	§ 63.9(d)
Notification of initial performance tests	§§ 63.7(b), 63.9(e), 63.1590(b), 63.1591(c)
Additional notification requirements for sources with CMS	§ 63.9(g)
Notification of compliance status	§§ 63.9(h), 63.1591(c)
30-day notification of excess emissions	§ 63.1591(d)
Notification of adjustments to time periods for submitting required communications	§ 63.9(i)
Notification of changes to information provided	§ 63.9(j)

A source must make the following reports:

Reports
Compliance Status	§ 63.1591(c)
Initial performance test report	§§ 63.10(d)(2), 63.1591(c)
Inspection and monitoring plan	§§ 63.1588(c) and 63.1590(f)
Annual report	§ 63.1590(b)(1)-(3)
Excess emissions report	§§ 63.1590(b)(4), 63.1590(c) and 63.697(b)(3)

A source must keep the following records:

Recordkeeping
Record of annual inspections	§ 63.1589(a)(1)
Records of defects detected	§ 63.1589(a)(2)
Records of defect repair delays	§ 63.1589(a)(3)
Records of control devices covered by other NESHAPS	§ 63.1590(a)(4)
Records of methods used to calculate annual HAP emissions	§ 63.1589(b)(1)
Record of methods and data used to determine if POTW meets fraction emitted standard	§ 63.1589(b)(2)
Records of methods and data that demonstrates POTW is in continuous compliance	§ 63.1589(b)(3)
Records for failures to meet a standard	§ 63.1589(c)
Maintain records for five years	§ 63.10(b)(1)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site. As part of the October 26, 2017 amendments, respondents that are new affected sources are required to submit performance test results to EPA through EPA’s Compliance and Emissions Data Reporting Interface (CEDRI), for data collected using test methods supported by EPA’s Electronic Reporting Tool (ERT). The performance test data must be submitted in a file format generated through the use of EPA’s ERT or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on EPA’s ERT Web site. Starting on October 28, 2019, or once the reporting form has been available in CEDRI for one year, whichever is later, respondents are also required to submit selected notifications and semiannual reports through EPA’s CEDRI. There are no known new affected facilities submitting data through CEDRI at this time.

(ii) Respondent Activities

Respondent Activities

Familiarization with regulatory requirements.

Write the notifications and reports listed above.

Prepare required plans and perform initial performance test, if required.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information:

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Enforcement and Compliance History Online (ECHO) and ICIS.

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standards; note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The annual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is reported by state and local governments in the ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. EPA uses ICIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve, and analyze the data.

The records required by this regulation must be retained by the owner/operator for five years.

5(c) Small Entity Flexibility

All of the respondents are large entities (i.e., large businesses).⁴ However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation and subsequent amendments. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is shown at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of “Burden” under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these record-keeping and reporting requirements is estimated to be 16 (Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the original regulation, EPA’s recent reevaluation of the source category inventory associated with the October 26, 2017 amendments to 40 CFR part 63, subpart VVV, Agency knowledge and experience with the NESHAP program, the previously-approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates for publicly owned facilities:

Managerial $64.80 (GS-13, Step 5, $40.50 + 60%)

Technical $48.08 (GS-12, Step 1, $30.05 + 60%)

Clerical $26.02 (GS-6, Step 3, $16.26 + 60%)

These rates are from the Office of Personnel Management (OPM), 2017 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to Federal government employees. Details upon which this estimate is based appear at the end of this document in Table 1: Average Annual Respondent Burden and Cost – NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal).

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The only costs to the regulated industry resulting from information collection activities required by the subject standard are labor costs. There are no capital/startup or operation and maintenance (O&M) costs.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

The only type of industry costs associated with the information collection activity in the regulations are labor costs. There are no capital/startup or O&M costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes such activities as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $329.

This cost is based on the average hourly labor rate as follows:

Managerial $64.80 (GS-13, Step 5, $40.50 + 60%)

Technical $48.08 (GS-12, Step 1, $30.05 + 60%)

Clerical $26.02 (GS-6, Step 3, $16.26 + 60%)

These rates are from the OPM, 2017 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Details upon which this estimate is based appear at the end of this document in Table 2: Average Annual EPA Burden and Cost – NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal).

6(d) Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, on average over the next three years, approximately 12 existing respondents will be subject to these standards. It is estimated that one new respondent will become subject to these same standards over the three-year period of this ICR. The overall average number of respondents, as shown in the table below, is 12.7 per year.

The number of respondents is calculated using the following table that addresses the three years covered by this ICR:

Number of Respondents
	Respondents That Submit Reports		Respondents That Do Not Submit Any Reports
Year	(A) Number of New Respondents a	(B) Number of Existing Respondents	(C) Number of Existing Respondents that keep records but do not submit reports	(D) Number of Existing Respondents That Are Also New Respondents	(E) Number of Respondents (E=A+B+C-D)
1	1	12	0	0	13
2	0	13	0	0	13
3	0	13	0	0	13
Average	1	12	0	0	13

^a One new respondent will become subject to this NESHAP over the three-year period of this ICR.

Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over the three-year period of this ICR is 13.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses
(A) Information Collection Activity	(B) Number of Respondents	(C) Number of Responses	(D) Number of Existing Respondents That Keep Records But Do Not Submit Reports	(E) Total Annual Responses E=(BxC)+D
Initial notification	1	.33	0	0.33
Notification of compliance status	1	.33	0	0.33
Request for extension of compliance	1	.33	0	0.33
Notification of special compliance requirements	1	.33	0	0.33
Notification of initial performance test b	0	.33	0	0
Additional notification requirements for sources with CMS b	0	.33	0	0
Notification of adjustments to time periods	1	.33	0	0.33
Notification of changes to information provided	1	.33	0	0.33
30-day notification of excess emissions	1	.33	0	0.33
Initial performance test report b	0	.33	0	0
Inspection and monitoring plan	1	.33	0	0.33
Annual report c	1	.33	0	0.33
Annual excess emissions report c	1	.33	0	0.33
Initial report on compliance approach	1	.33	0	0.33
			Total	3.6

CMS - Continuous Monitoring System

^a One new respondent will become subject to this NESHAP over the three-year period of this ICR.

^b Assumes the new/reconstructed source will demonstrate compliance using the HAP fraction emitted standard, utilizing a combination of pretreatment and wastewater treatment plant modifications to achieve this performance standard. This compliance option does not require performance testing or a CMS.

^c Reporting and recordkeeping activities do not apply to existing sources, which demonstrate compliance with the rule by operating treatment and control devices that meet all requirements specified in the appropriate industrial NESHAP(s).

The number of Total Annual Responses is 4.

The total annual labor costs are $750. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal).

6(e) Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown at the end of this document in Tables 1 and 2, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 16 hours at a cost of $750 (rounded). Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical tasks and clerical burdens are assumed to take 10% of the time required for technical tasks. Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 4.4 hours per response.

There are neither annual capital/startup nor O&M costs to this regulated entity.

(ii) The Agency Tally

The average annual Agency burden and cost over the next three years is estimated to be 7 labor hours at a cost of $329; see Table 2: Average Annual EPA Burden and Cost – NESHAP for Publicly Owned Treatment Works (40 CFR Part 63, Subpart VVV) (Renewal). We assume that burdens for managerial tasks take 5% of the time required for technical tasks and clerical burdens are assumed to take 10% of the time required for technical tasks.

6(f) Reasons for Change in Burden

There is a decrease in the respondent burden from the most recently-approved ICR. This decrease is not due to any program changes. There is a decrease in burden due to implementation of the October 26, 2017 amendments to 40 CFR Part 63, Subpart VVV (82 FR 49513). The previous ICR renewal had included ‘burden’ for existing sources to submit periodic reports and maintain records. However, the 2017 amendments clarified that the 12 existing sources are not required to submit periodic reports or maintain records. In this ICR, there is an adjustment decrease in the labor rates to more accurately reflect the universe of respondents, which are publicly-owned facilities. This ICR also reflects one recently identified reconstructed source, with the associated additional burden of notifications, reporting, and recordkeeping. Together, these changes result in an overall decrease in the labor hours, labor costs, and number of responses.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 4 hours per response. ‘Burden’ means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information either to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2016-0490. An electronic version of the public docket is available at http://www.regulations.gov, which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the docket center is (202) 566-1752. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2014-0071 and OMB Control Number 2060-0428 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this information.

Table 1: Annual Respondent Burden and Cost – NESHAP for Publicly Owned Treatment Works

(40 CFR Part 63, Subpart VVV) (Renewal)

Burden item	A	B	C	D	E	F	G	H
	Person-hours per occurrence	Annual occurrences per respondent	Person-hours per respondent per year (AxB)	Respondents per year a	Technical hours per year (CxD)	Management hours per year (Ex0.05)	Clerical hours per year (Ex0.10)	Annual cost ($) b
1. Applications	N/A
2. Surveys and studies	N/A
3. Reporting requirements
A. Familiarization with regulatory requirements c	0.5	1	1	12	6	0.3	0.6	$323.53
B. Required activities
Initial notification	2	1	2	0.33	0.66	0.03	0.07	$35.50
Notification of compliance status d	2	1	2	0.33	0.66	0.03	0.07	$35.50
C. Create information	See 3B
D. Gather existing information	See 3B
E. Write reports
Request for extension of compliance	2	1	2	0.33	0.66	0.03	0.07	$35.50
Notification of special compliance requirements	2	1	2	0.33	0.66	0.03	0.07	$35.50
Notification of initial performance test d	N/A
Additional notification requirements for source with CMS d	N/A
Notification of adjustments to time periods	2	1	2	0.33	0.66	0.03	0.07	$35.50
Notification of changes to information provided	2	1	2	0.33	0.66	0.03	0.07	$35.50
30-day notification of excess emissions d	1	1	1	0.33	0.33	0.02	0.03	$17.94
Initial performance test report d	N/A
Inspection and monitoring plan d	2	1	2	0.33	0.66	0.03	0.07	$35.50
Annual report d	1	1	1	0.33	0.33	0.02	0.03	$17.94
Annual excess emissions report d	2	1	2	0.33	0.66	0.03	0.07	$35.50
Initial report on compliance approach d, e	2	1	2	0.33	0.66	0.03	0.07	$35.50
Reporting Subtotal					14.5			$678.91
4. Recordkeeping
A. Familiarization with regulatory requirements	See 3A
B. Plan activities	See 3E
C. Implement activities	See 3E
D. Develop record system	See 3E
E. Time to enter information
Records of annual inspections d	2	1	2	0.33	0.66	0.03	0.07	$35.50
Records of inspections, defects, and repair delays d	2	1	2	0.33	0.66	0.03	0.07	$35.50
F. Time to transmit or disclose information	N/A
G. Time to train personnel	N/A
H. Time for audits	N/A
Recordkeeping Subtotal					1.5			$71.00
TOTAL LABOR BURDEN AND COSTS (rounded)f					16			$750
TOTAL CAPITAL AND O&M COSTS (rounded)								$0
GRAND TOTAL (rounded)f								$750

CMS - Continuous Monitoring System

N/A - Not Applicable

^a EPA estimates 12 existing sources and one new/reconstructed source will be subject to the standard over the three-year period of this ICR.

^b This ICR uses the following labor rates for publicly owned facilities: $48.08 (technical), $64.80 (managerial), and $26.02 (clerical). These rates are from the Office of Personnel Management (OPM), 2017 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees.

^c This burden represents the time existing respondents spend familiarizing themselves with the regulatory requirements.

^d New sources must install covers and controls, or comply with the HAP fraction emitted standard. Assumes one new/reconstructed source will demonstrate compliance using the HAP fraction emitted standard over the next three years, utilizing a combination of pretreatment and wastewater treatment plant modifications to achieve this performance standard. This compliance option does not require performance testing or a CMS, but does require initial notifications, monitoring, recordkeeping and reporting.

^e The NESHAP specifies that existing facilities are subject to the initial report; however, all existing facilities previously submitted the required information, so none will submit an initial report.

^f Totals have been rounded to three significant digits. Figures may not add exactly due to rounding.

Table 2: Average Annual EPA Burden and Cost – NESHAP for Publicly Owned Treatment Works

(40 CFR Part 63, Subpart VVV) (Renewal)

Burden item	A	B	C	D	E	F	G	H
	EPA person-hours per occurrence	Annual occurrences per respondent	EPA person-hours per respondent per year (AxB)	Respondents per year a	Technical hours per year (CxD)	Management hours per year (Ex0.05)	Clerical hours per year (Ex0.10)	Annual cost ($) b
Initial performance test c	N/A
Repeat initial performance test c	N/A
Report review
Initial notification	2	1	2	0.33	0.66	0.03	0.07	$35.50
Notification of compliance status c	2	1	2	0.33	0.66	0.03	0.07	$35.50
Request for extension of compliance	0.5	1	1	0.33	0.17	0.01	0.02	$9.34
Notification of special compliance requirements c	2	1	2	0.33	0.66	0.03	0.07	$35.50
Notification of initial performance test c	2	1	2	0	0	0	0	$0
Additional notification requirements for sources with CMS c	2	1	2	0	0	0	0	$0
Notification of adjustments to time periods c	2	1	2	0.33	0.66	0.03	0.07	$35.50
Notification of changes to information provided	2	1	2	0.33	0.66	0.03	0.07	$35.50
30-day notification of excess emissions	2	1	2	0.33	0.66	0.03	0.07	$35.50
Initial performance test report c	2	1	2	0	0	0	0	$0
Inspection and monitoring plan c	2	1	2	0.33	0.66	0.03	0.07	$35.50
Annual report c	1	1	1	0.33	0.33	0.02	0.03	$17.94
Annual excess emissions report c	1	1	1	0.33	0.33	0.02	0.03	$17.94
Initial report on compliance approach c	2	1	2	0.33	0.66	0.03	0.07	$35.50
TOTAL (ROUNDED)d					7			$329

CMS - Continuous Monitoring System

N/A - Not Applicable

a EPA estimates 12 existing sources and one new/reconstructed source will be subject to the standard over the three-year period of this ICR.
b This ICR uses the following labor rates: $48.08 (technical), $64.80 (managerial), and $26.02 (clerical). These rates are from the Office of Personnel Management (OPM), 2017 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees.
c Existing sources have no notification and reporting activities under this NESHAP and demonstrate compliance with the rule by operating treatment and control devices that meet all requirements specified in the appropriate industrial NESHAP(s). New sources are subject to rule emission limits, control requirements, and related performance testing, plan development, and reporting activities. There is one new source expected to be subject to these requirements over the three-year period of this ICR.
d Totals have been rounded to three significant digits. Figures may not add exactly due to rounding.

1 The October 2017 amendments included revisions to names and definitions of the subcategories; revisions to the applicability criteria; revised regulatory provisions pertaining to emissions during periods of startup, shutdown, and malfunction; initial notification requirements for existing Group 1 and Group 2 POTW; revisions to the requirements for new Group 1 POTW; requirements for electronic reporting; and other miscellaneous edits and technical corrections. These amendments did not include additional burden.

2 Existing Group 2 POTWs include a POTW that commenced construction on or before December 1, 1998, and has not been reconstructed after December 1, 1998. Existing Group 2 POTWs must only comply by submitting an initial notification. New Group 2 POTWs include any POTW that commenced construction or reconstruction after December 1, 1998; new Group 2 POTWs have various compliance requirements and monitoring, recordkeeping, and reporting. Further, area source POTWs that meet the pretreatment criteria and do not reconstruct but increase their emissions such that they become major sources of HAP would become subject to the rule as existing Group 2 POTWs.

3 Subsequent to the EPA’s recent re-evaluation of the source category inventory associated with the Risk and Technology Review and October 26, 2017 amendments to 40 CFR part 63, subpart VVV (82 FR 49513), including one POTW in Albuquerque, NM identified as a reconstructed source subject to the notification, testing, monitoring, reporting, and recordkeeping requirements for Group 2 POTWs.

4 U.S. EPA, September 7, 2017, Final Economic Impact Analysis for the National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works Risk and Technology Review, docket item EPA-HQ-OAR-2016-0490-0078.